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| Schiavo's Parents Appeal Judge's Ruling |
| 2005-03-22 |
| TAMPA, Fla. — A federal judge early Tuesday morning refused to order the reinsertion of Terri Schiavo's (search) feeding tube, which prompted lawyers for the severely brain-damaged woman's parents to file a notice of appeal to a higher court. U.S. District Judge James Whittemore, Clinton appointee in 1999, said Bob and Mary Schindler had not established a "substantial likelihood of success" (So let her dehydrate anyway) at trial on the merits of their arguments. Schiavo's tube was removed Friday after the Schindlers' appeals to keep the tube in place failed in state court. Tuesday marked the fourth day without her feeding tube. Congress and President Bush took unprecedented action over the weekend, enacting a new law that permitted Schiavo's parents to take their case to federal court. Rex Sparklin, an attorney with the law firm representing the Schindlers, said lawyers were appealing to the 11th Circuit Court of Appeals in Atlanta to "save Terri's life." The Atlanta court was notified of the intent to appeal Tuesday morning, but the actual appeal had not been filed as of 10:30 a.m. EST. Judge Whittemore also found that Schiavo's due process rights had been upheld throughout the litigation process. {SNIP} Carla Sauer Iyer, a registered nurse who provided care to Terri Schiavo from 1995 to 1996 at a convalescence home in Largo, Fla., told FOX News in an interview Tuesday that her patient would interact with staff, was alert and aware and could talk. "Her cognitive abilities including laughing, talking, letting you know she was in pain," Iyer told FOX News, adding that Terri Schiavo could say words like "mommy," "help me," "hi" and "pain." She also said Schiavo had accurate reflexes on demand. Nurses also were able, at times, to feed Terri thickened liquids such as pudding and Jello with a baby bottle. Iyer also claims that one time when she put a washcloth in Terri's hand to test her reflexes, Michael Schiavo would get upset and say, "that's therapy — take that washcloth out." "I think a gag order has been put on all positive things that Terri has done," claimed Iyer. Iyer said she was coming forward "to let the truth be known, to let the people know. I was one of the few people who was able to see Terri. She was able to talk, communicate with staff ... I want the public to know the truth." Dial "M" for murder Michael Schiavo has not responded to repeated interview requests from The Associated Press and FOX News Channel. Terri Schiavo suffered brain damage in 1990 when her heart stopped briefly because of a possible potassium imbalance brought on by an eating disorder. She can breathe on her own, but has relied on the feeding tube to keep her alive. Court-appointed doctors say she is in a persistent vegetative state with no hope of recovery, while her parents insist she could recover with treatment. Doctors have said Schiavo could survive one to two weeks without the feeding tube. Friday marked the third time Schiavo's feeding tube had been removed. In both previous instances, the tube was reinserted, once on a judge's order and once after Fla. Gov. Jeb Bush signed "Terri's Law," which was later declared unconstitutional. Gov. Bush, brother of the president, praised Congress for their work on Monday. But after the ruling Tuesday, he was described by a spokeswoman as "extremely disappointed and saddened" over the judge's decision not to order the tube reconnected. "Gov. Bush will continue to do what he legally can within his powers to protect Terri Schiavo, a vulnerable person," said spokeswoman Alia Faraj. The Associated Press contributed to this report |
| Posted by:BigEd |
| #24 If she'd truly expressed a wish for death under her current circumstances, I'd expect her husband to personally honor her wishes, and take the consequences like a man. I'd do it for my family, and would expect my family to do it for me. As it is, her husband is a pitiful excuse for a husband, much less a man. |
| Posted by: Asedwich 2005-03-22 8:55:32 PM |
| #23 yep - and her "husband" doesn't qualify as such. |
| Posted by: Frank G 2005-03-22 8:02:29 PM |
| #22 Yeah, TGA, that about sums it up. |
| Posted by: Tom 2005-03-22 7:58:01 PM |
| #21 It's obvious that she is alive, and that with proper treatment she won't die anytime soon. Unless someone gives me very very good reasons to think otherwise, for me this qualifies as killing a helpless person with the support of the courts, based on the "take my word for it" husband's idea that she would have wanted that. |
| Posted by: True German Ally 2005-03-22 7:54:23 PM |
| #20 Are you talking about the timing .com? Ones faster, ones slower but the end is the same, and yes Frank it does make for obvious analogy. |
| Posted by: Shipman 2005-03-22 7:47:58 PM |
| #19 If the Schiavo opponents (i.e. Want to cut off food/water) really feel there's no cognition, thought/feeelings etc., why don't they go in and shoot her in the head and get it over with? Their hesitance speaks volumes. I'm getting angry over this |
| Posted by: Frank G 2005-03-22 7:39:42 PM |
| #18 There's a rub, wouldn't you agree? It's damned inconvenient and inconsiderate of her to not die of her own accord when so many seem to desire it. Some may say that the feeding tube is no different from a ventilator. I differ - on obvious grounds. The fact that she is helpless, i.e. requiring food & water, but otherwise her body functions of its own accord, is precisely the same as any helpless human, such as the millions of babies who are cared for in our hospitals. Certainly her "husband" should have no say. He abandoned her long ago and his influence and their marriage should have legally ended somewhere back then. That anyone, other than her parents, has anything to say about this both mystifies and appalls me. |
| Posted by: .com 2005-03-22 7:24:26 PM |
| #17 PD... not particularly unusual. Removing a ventilator is faster but... not in this case Lose/lose :< |
| Posted by: Shipman 2005-03-22 7:08:29 PM |
| #16 If the powers that be do determine that she should be killed, as that is what it is, the LEAST they could do is show this poor unfortunate INNOCENT woman the same mercy they would the family pet or a condemned killer. Starving her to death is beyond the pale. |
| Posted by: .com 2005-03-22 6:38:07 PM |
| #15 Hannity has a Current Nurse from the Hospice whose been threatened with termination... "Nora", an RN 8:00PM Sun - 8:00AM Mon at the hospice was told by her agency not to go back to the hospice because when all the other nurses disagree with her about the tube removal.. |
| Posted by: BigEd 2005-03-22 5:40:38 PM |
| #14 If that affidavit is true obviously this "guardian" isn't doing his job. |
| Posted by: True German Ally 2005-03-22 5:35:05 PM |
| #13 TGA: In Terri's case the first thing I would do as a judge is to cancel her husband's custody. If I recall correctly, there already is a court-appointed "guardian" that oversees the case independently. |
| Posted by: Elmoting Granter5118 2005-03-22 5:29:47 PM |
| #12 Nurse iyer's Affadavit |
| Posted by: BigEd 2005-03-22 5:23:13 PM |
| #11 Another development...Nurse on Hannity Nurse Iver now states that she found a vial of insulin concealed in the trash can after "husband" visit. This goes along with the hypoglecimic observation in her affadavit. She says she went to the police, and they said they wouldn't do anything unlesss she saw the "husband" stick a needle in her arm. |
| Posted by: BigEd 2005-03-22 5:21:55 PM |
| #10 Bomb-a-rama, that is pretty much what I said. He can't have it both ways. Expecting from a man to give up his life, his desires to live with a woman, and to have children and just sit and wait for decades until his wife paases away is not realistic. Some spouses can and will do it, but whatever the choice, no moral judgement here. But once you DO make a decision like Terri's husband made, he cannot expect to make decisions about life and death of the wife he left. This IS immoral |
| Posted by: True German Ally 2005-03-22 5:18:17 PM |
| #9 Nurse Iver (above) is on Hannity. She just said there was a restraining order against "husband" because he was abusive to the nurses at the facility where Iyer was working. What? |
| Posted by: BigEd 2005-03-22 5:11:53 PM |
| #8 I do not blame him for living with another woman.. I do. He could have waited until the situation was resolved before taking up with some other woman but he didn't. IMO, being as how he's broken his vows, he's not in any position to speak for her, and should either voluntarily bow out of the picture or be legally stripped of all responsibility for Terri. |
| Posted by: Bomb-a-rama 2005-03-22 5:10:26 PM |
| #7 And, TGA, the "husband" never brought up her "desires" until SEVEN years after the incident... |
| Posted by: BigEd 2005-03-22 4:43:22 PM |
| #6 In Germany, no person would have the right to ask for the removal of the feeding tube in such a case, even if he claims that this was the will of the patient. Only a written, legally sound statement of the patient (which has to be rather specific), might be able to do it and not in all cases. As long as the patient is not on the way to certain death, doctors are not allowed to stop alimentation. I concede that this is a painful case but it seems incredible to me that a husband could legally enforce a decision to kill his wife even if she provenly were in a PVS (something which seems to be in question here). I know that I wouldn't want to be kept alive this way and I signed the legal documents. In Terri's case she probably mentioned casually that she wouldn't like this (name me a young girl who would like it). In Terri's case the first thing I would do as a judge is to cancel her husband's custody. I do not blame him for living with another woman but he should not be allowed to make decisions about the life of his wife. |
| Posted by: True German Ally 2005-03-22 4:02:31 PM |
| #5 Members of the 11th Circuit ... with age and appointed by President... Which 3 were chosen? Anybody know? ACTIVE JUDGES J L Edmonston , 58, Reagan Gerald B Tjoflat, 76, Ford R Lanier Anderson, 69, Reagan Stanley Birch, 60, Bush 41 Joel F Dubina, 58, Bush 41 Susan H Black, 62, Bush 41 Ed Carnes, 54, Bush 41 Rosemary Barkett, 66, Clinton Frank M Hull, 57, Clinton Stanley Marcus, 58, Clinton Charles R Wilson, 50, Clinton William Pryor, 43, Bush 43 SENIOR JUDGES John Godbold, 85, LBJ Paul H Roney, 84, Nixon James C Hill, 81, Ford Peter T Fay, 76, Ford Phyllis Kravitch, 85, Carter Emmett R Cox, 35, Reagan |
| Posted by: BigEd 2005-03-22 3:17:36 PM |
| #4 What would probably be the best course of action is for an impartial third party expert/authority to be brought in to perform a thorough evaluation, and not rely solely on medical circumstances to come to a conclusion. Parts of her brain might be inactive, but from the few video clips played on the tube, she doesn't look like a total vegetable. The brain is capable of amazing things, and it seems to me that it's possible that in this situation, Terri Schiavo could well be aware of what's going on, but unable to communicate clearly due to her very obvious limitations. What's more troubling is Michael Schiavo having a "grilfriend", which whom he already has one kid with another on the way. The guy is still married to Terri and he has a girlfriend???? If it were up to me, that and that alone would be grounds for any interest he might have in Terri's health and future to be forfeited. |
| Posted by: Bomb-a-rama 2005-03-22 12:54:56 PM |
| #3 And maybe the easiest way to get violent killers executed would be to present them as "inconvenient". |
| Posted by: BH 2005-03-22 12:19:31 PM |
| #2 Heard this comment this morning: The best way to save her life would be to declare her an illegal combatant - you'd have these activist black robes jumpin' to her defense. |
| Posted by: Rex Mundi 2005-03-22 12:00:24 PM |
| #1 Honestly, I think that if I were the father of Terry, MR Schiavo would have been tits up long ago, consequences be damned. |
| Posted by: Mort 2005-03-22 11:55:03 AM |